New OSHA Reporting Requirements

By Allison Sues, Senior Employment Law Counsel
Published July 25, 2023

OSHA issued a new rule, published on July 21, 2023, taking effect January 1, 2024, that expands employers’ reporting requirements for injury and illness data in designated high-hazard industries. New with this rule, employers with 100 or more employees in certain high-hazard industries will need to electronically submit information from their Form 300 and Form 301 records to OSHA once per year. The following provides context and further information about this new rule: 

What records does OSHA require employers to keep regarding workplace injuries and illnesses?

Employers with more than 10 employees in most industries are required to record all workplace injuries and illnesses using the following three forms: 

• OSHA Form 300 – Log of Work-Related Injuries and Illnesses 
  This log collects information about all injuries and illnesses at the worksite that caused an employee death or required a medical treatment beyond first aid, recovery day(s) away from work, job transfer or medical restriction. The log collects information for each injury, including the injured employee’s name and job title, as well as the date, location, and outcome of the employee’s injury.  
• OSHA Form 300A – Summary of Work-Related Injuries and Illnesses 
  This form summarizes the logged information in Form 300, including the total number of workplace deaths and injuries for each year. The Form also collects general information about the employer’s workplace, including the number of employees and hours worked by all employees. It does not contain specific information about any individually identified employees.
• OSHA Form 301 – Injury and Illness Incident Report 
  This form collects detailed information about each individual workplace injury, including the employee’s name, address, date of birth, and date of hire, as well as specific details about the injury and related medical treatment.

OSHA Forms 300, 300A, and 301 are available through OSHA.

Separate from the pre-existing legal obligation to create and keep the above records, which employers need to submit this information directly to OSHA? 

Under the new rule, employers with 100 or more employees at a worksite in particularly high-hazard industries must electronically submit information from their OSHA Forms 300 and 301 to OSHA once per year. In order to protect the privacy of the injured employee, OSHA will only be collecting some of the information stored on these forms and will not ask for information that identifies specific employees, such as the names or addresses of the injured employees or the names of their healthcare providers. The employer must include the company’s Employer Identification Number in their submittal.

It should be noted that OSHA had reporting requirements prior to this rule that remain in place. OSHA continues to require the following employers to submit their Form 300A to OSHA once per year: (1) employers with 250 or more employees at a worksite, and (2) employers in certain higher-risk industries with 20-249 employees at a worksite.

How does OSHA define “high-hazard” industries for purposes of this new rule?

OSHA delineates the high-hazard industries that are subject to the new reporting requirement in an Appendix to its rule. The lengthy list of industries includes farming, animal production, logging, fishing, various manufacturing, packaging, shipbuilding, wholesalers, various stores, transportation, waste collection, storage and rental, various hospitals and other healthcare providers, performing arts companies, nursing care facilities, amusement parks, arcades, and special food services. This list is illustrative but not exhaustive. For a full list of which industries are subject to this new rule, refer to Appendix B to subpart E of the new rule.

What is OSHA going to do with this information? 

OSHA has indicated that it intends to post information online for public access related to an employer’s number of injuries at a worksite and the nature of those injuries with the stated goal of “expanded public access” so that “employers, employees, potential employees, employee representatives, customers, potential customers, researchers and the general public” can make informed decisions about the workplace safety at a particular employer.  

HR Source members with questions about OSHA reporting requirements should contact us through the HR Hotline Online or at 800-448-4584.